Jessica E. Gopiao and Amber S. Finch | ReedSmith Addressing a Growing Challenge In response to the increasing severity and complexity of wildfire smoke damage across California, the Department of Insurance announced the creation of a new Smoke Claims & Remediation Task Force. This initiative, spearheaded by Insurance Commissioner Ricardo Lara, aims to establish clear,… Continue reading California Launches Task Force to Standardize Smoke Damage Claims and Remediation
Tag: Property Damage Claim
Replacement Cost Insurance Coverage in Turbulent Times
Charles P. Edwards | Barnes & Thornburg After the wildfires in Los Angeles, extreme weather events throughout the United States, and recently enacted tariffs, it seemed like a good time to revisit the calculation of replacement cost under policies insuring against loss or damage to property. The concept of replacement cost — sometimes referred to… Continue reading Replacement Cost Insurance Coverage in Turbulent Times
Failure to Allege Property Damage Within Policy Period Defeats Insured’s Claim
Tred R. Eyerly | Insurance Law Hawaii The insured’s inability to determine when water damage occurred meant it could not pursue claims of property damage against the insurers. Creek v. State Farm Fire & Cas. Co., 2022 U.S. Dist. LEXIS 116939 (W.D. Wash. July 1, 2022). Gold Creek Condominium complex experienced water… Continue reading Failure to Allege Property Damage Within Policy Period Defeats Insured’s Claim
Illinois Appellate Court Addresses Professional Services Exclusion in Homeowners Policy
James M. Eastham | Traub Lieberman In Stonegate Ins. Co. v. Smith, 2022 IL App (1st) 210931, the Insured was performing plumbing work at a multi-story townhouse when a fire ensued causing damage to the second story unit. Although a carpenter by trade, the Insured was performing plumbing work consisting of the replacement of a shower valve… Continue reading Illinois Appellate Court Addresses Professional Services Exclusion in Homeowners Policy
Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion
Nathan Cazier and Scott Thomas | Payne & Fears The United States Court of Appeals for the Fifth Circuit recently confirmed that liability insurers have a duty to defend their insureds in construction defect cases when the underlying complaint alleges damage to property beyond the product and work of the insured – even if the… Continue reading Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion